2006 (7) TMI 734

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ian (hereinafter referred to as the 'detenu'), who was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (in short the 'Act') as a "Goonda". The accusation against him was to the effect that he is habitually committing crime and that he had also acted in a manner prejudicial to the maintenance of public order and as such he is a "Goonda" as defined under Section 2(f) of the Act. The order of detention was passed in respect of Rathina Raj, which was approved by the State Government. The detention order was challenged by filing a Habeas Corpus petition before the Madras ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f detention and the order of the High Court, learned Counsel for the State submitted that it is fairly well settled that it is the impact of an act and not the number of acts which determine whether the act can be relatable to public order or not. In the instant case, the scenario as described in the grounds of detention clearly shows that the acts committed by the detenu were of such intensity that even tempo of life was affected and public tranquility was disturbed. Therefore, according to him, the detenu has rightly been detained. 7. Though reference was made by learned Counsel for the appellant to several documents to contend that the records were manipulated, we do not consider it necessary to go into that aspect, because in our con....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....; imply frequent practice or use. "Habitual - Constant; customary; addicted to a specified habit". The Court in Vijay Narain Singh v. State of Bihar 1984 CriLJ 909, considered the question of a habitual criminal and in para 31 the expression "habitually" was explained as follows: "The expression 'habitually' means 'repeatedly' or 'persistently'. It implies a thread of continuity stringing together similar repetitive acts - repeated, persistent and similar, but no isolated, individual and dissimilar acts are necessary to justify an inference of habit". The expression "habitual" would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts. An isolated default of rent....